Conference for Food Protection 2010 Issue Form Internal Number: 090 Issue: 2010 i-006 Title

Grocery Seafood Advisory for Women of Childbearing Age and Children

that the Conference Chair send a letter to the FDA Commissioner to urge the following addition to the 2009 Food Code to require grocery stores to post a FISH ADVISORY for Women of Childbearing Age and Children (the "TARGET GROUP") to communicate to the TARGET GROUP:

1) the FDA-EPA 2004 Advisory recommendations ("Online Advisory", see Attachment 1);

2) EPA consumption recommendations for moderate and higher-mercury fish; and,

3) a chart displaying the relative mercury content of commercial seafood..

The specific proposed language to add NEW sections to the Model Food Code as follows:

(A) GROCERY STORES shall post a commercial Fish Advisory to inform consumers of the recommended FDA-EPA consumption guidelines for Women of Childbearing Age (Under Age 45) and Children (collectively the "TARGET GROUP") and the relative amounts of methylmercury in various seafood species using written advisories and/or placards posted at the point of sale (the "FISH ADVISORY") as specified in paragraphs (B) - (F) of this section.

(B) CONTENT OF DISCLOSURE. The FISH ADVISORY shall contain the following primary components, conform to the format set forth below, and shall essentially follow the sample sign presented below in section (F).

(1) Title. The sign shall be entitled "FISH ADVISORY", depicted in bold 48-point font size and be immediately followed by the underlined heading "Women Under Age 45 and Children" in bold 36-point font size.

(2) Explanatory Information. Immediately below this title, the FISH ADVISORY must contain the following prefatory statement to explain the purpose and the intended TARGET GROUP. This statement, in large type (at least 20-point font size) for ease of visibility, shall state: "Seafood contains important nutrients, including Omega-3 fatty acids, but also contains mercury, which can be harmful to women and children."

(3) Key Consumption Limits. The sign shall then post the following key consumption recommendations by the FDA-EPA Joint Fish Advisory for the TARGET GROUP:

(a) The first statement, boxed and in at least 28-point font size, shall state the "DO NOT EAT" list of fish which includes the following high-mercury species: swordfish, shark, tilefish, and king mackerel.

(b) A second statement, boxed and in at least 17-point font size, shall state to the TARGET GROUP: "Limit albacore tuna to one, 6-ounce serving per week, and eat no other fish that week. Light canned tuna, however, may be eaten twice per week."

(4) Seafood Chart. Second, the FISH ADVISORY shall contain a simple, color-coded chart that groups seafood species by methylmercury content into three, easily-understood high, medium, and low categories. These three categories, separated into three columns, shall be correspondingly delineated by red, yellow and green color designations and by the accompanying consumption recommendations, as set forth below in paragraphs (a)-(c).

(a) Lower-Mercury Seafood:

(i) The first column on the chart shall list those species which contain 0.12 parts per million ("ppm") or less of methylmercury, according to FDA monitoring data or more recent data obtained by the REGULATORY AUTHORITY;

(ii) These species shall include, in ascending value of mercury content, fish that contain above 0.05% of market share and are listed on Table 2 of the FDA's information on Mercury Levels in Commercial Fish and Shellfish as "Fish and Shellfish With Lower Levels of Mercury" (at or below 0.12 ppm of methylmercury): shrimp, sardines, tilapia, clams/oysters, scallops/mussels, salmon, crayfish, freshwater trout, ocean perch/mullet, pollock, Atlantic mackerel, anchovy/herring, sole/flounder, crab, pike, butterfish, catfish, squid, Atlantic croaker, whitefish, Pacific mackerel/chub, smelt, cod, canned light tuna and spiny lobster;

(iii) The chart shall entitle this group "lower" mercury seafood, designate this category by a green color coding, and state that these fish should be eaten by the TARGET GROUP no more than 12-ounces per week.

(b) Moderate-Mercury Seafood:

(i) The second column on the chart shall list those species which contain 0.13 - 0.31 ppm of methylmercury, according to FDA monitoring data or more recent data obtained by the REGULATORY AUTHORITY;

(ii) These species shall include, in ascending value of mercury content: snapper, skate, freshwater perch, monkfish, halibut, sablefish, sea bass, sea trout, and American lobster;

(iii) The chart shall entitle this group "Moderate" mercury seafood, designate this category by a yellow color coding, and state the EPA Reference Dose advice that these fish should be eaten by the TARGET GROUP no more than one serving per week, with no other fish eaten that week.

(c) High-Mercury Seafood:

(i) The third column shall list those commercial seafood species which contain above 0.31 ppm of methylmercury, according to FDA monitoring data or more recent data obtained by the REGULATORY AUTHORITY, subject to section (iv) below.

(ii) These species shall include, in ascending value of mercury content: fresh/frozen tuna, Spanish mackerel (South Atlantic), Chilean bass, grouper, marlin, and orange roughy;

(iii) The chart shall entitle this group "High" mercury seafood, delineate this category by a red color coding, and label on the chart that the TARGET GROUP should "Avoid" these fish.

(iv) This "High" category shall exclude canned albacore tuna, given that the FISH ADVISORY set forth in this section specifies per paragraph (B)(3)(b) above that the TARGET GROUP may consume up to 6-ounces of albacore tuna. It shall also exclude the "DO NOT EAT" fish that are highlighted at the top of the FISH ADVISORY per paragraph (B)(3)(a) above.

(5) In addition to the provisions of paragraphs (B)(1)-(B)(3) above, the FISH ADVISORY shall generally follow the content and format set forth in section (F).

(C) LOCATION OF FISH ADVISORY. The FISH ADVISORY shall be posted in GROCERY STORES as follows:

(1) The FISH ADVISORY shall be displayed on a laminated, 8.5-inch by 11-inch sign or placard; and

(2) The FISH ADVISORY shall be displayed prominently at the point-of-sale, at or immediately adjacent to the specific location where the seafood is being sold, as close as reasonably possible to the seafood product.

(a) Disclosure for frozen SEAFOOD PRODUCTS shall be centrally affixed to the glass display case that contains the SEAFOOD PRODUCTS or, if there is no glass display case, otherwise in a prominent location within the display case that is clearly visible to consumers.

(b) Disclosure for SEAFOOD PRODUCTS sold at the fresh seafood counter in GROCERY STORES shall be displayed on the display case and also posted atop the seafood counter at the point-of-sale.

(c) Disclosure for canned or nonperishable, packaged SEAFOOD PRODUCTS shall be affixed prominently to the shelving or, if none, otherwise at or within two feet of the display area where they are located.

(D) DEFINITIONS.

(1) Under this section "SEAFOOD PRODUCT" shall be defined to include any food product offered for sale in a GROCERY STORE that contains two or more ounces of seafood per serving size.

(2) Under this section "GROCERY STORE" shall be defined in the normal sense of the word, to exclude retail FOOD ESTABLISHMENTS other than restaurants and other entities that sell "ready to eat" products.

(E) MODIFICATIONS. The REGULATORY AUTHORITY may modify the FISH ADVISORY in any of the following ways:

(1) To designate by an asterisk the seafood species that contain high Omega-3s;

(2) To add to the lists of high-, moderate-, or lower-mercury categories locally-caught fish from local lakes, streams, or coastal areas, so that consumers may more accurately assess their total mercury exposure when buying commercial seafood products;

(3) To add information on serving or portion sizes for children;

(4) To add a state contact phone number or state governmental website address for consumers to contact for more information concerning seafood consumption.

(5) To add other information that the REGULATORY AUTHORITY may reasonably deem important for the health of or seafood purchasing decisions of members of the TARGET GROUP.